| Battered woman syndrome attorney staten island | | | | in which prosecutors use the evidence, the evidence's |
| (BWS) was first proposed in the 1970's and was | | | | relevance is ostensibly offered to explain why a |
| essentially based on the clinical observations of a | | | | battered woman might change her testimony (i.e., |
| single researcher. Nevertheless, the concept quickly | | | | commit perjury) and testify that she was not a |
| caught on and became a popular way to justify | | | | victim of battering; in fact, BWS is probably used to |
| behavior in some courts. However, while it initially | | | | buttress the prosecution's case by showing prior |
| enjoyed success in portions of the legal arena, BWS | | | | violent acts by the defendant that would otherwise |
| has not been established nor accepted in the field of | | | | be excluded by the rules of evidence. |
| psychology by serious and rigorous empirical | | | | BWS attorney staten island offers broad |
| researchers. | | | | interpretations of conduct for which there is no |
| To be sure, clinical syndromes do exist, and BWS | | | | empirical support. As courts begin to apply Daubert |
| may indeed exist, but to date there is insufficient | | | | styled tests of admissibility that query the scientific |
| empirical evidence to show this syndrome meets the | | | | basis for BWS testimony, they will discover the |
| rigorous diagnostic criteria of psychology or the law. | | | | serious lack of scientific support for BWS. There are |
| If BWS does exist, there is no reliable means to | | | | numerous non-specific signs that a clinician favorably |
| identify those who suffer from it from those who | | | | biased towards BWS will "see" in the reports of a |
| merely claim it as a legal defense. | | | | woman relating a history of battering. Such clinicians |
| BWS appears to be the product of legal advocacy | | | | are quick to then label the clinical history as causing |
| and not science. BWS seems to owe its existence to | | | | BWS, and the BWS as justifying or explaining the |
| the needs of legal attorneys staten island to support | | | | woman's subsequent unlawful conduct. The clinical |
| and justify claims by battered women who have | | | | error or trap lies in the fact that these signs are |
| killed. Given the lack of an established, empirical, | | | | commonly seen in a variety of conditions, and none |
| scientific basis and its failure to achieve specific | | | | are specifically tied to BWS. Further, the patient can |
| political and social policy goals for women, BWS may | | | | simply lie about or exaggerate their abusive history |
| not be long for this world. | | | | with a host of non-specific signs. There is a human |
| BWS has been employed in a wide assortment of | | | | tendency to accept ready explanations and BWS |
| cases, ranging from the prototypical self-defense | | | | offers just that. This unreliable manner leads to |
| case to the more novel prosecutorial use of the | | | | inaccurate diagnosis. A principal tenant of science is |
| syndrome. In the former set of cases, courts define | | | | there must first be reliability, and absent this, there |
| the syndrome's relevance variously, from supporting | | | | can be no validity, that is, no trustworthy diagnosis. |
| the honesty of the woman's belief in the need to | | | | So, how can anyone determine who does and who |
| use deadly force to her mental incapacity to form | | | | does not suffer with BWS? The simple answer is, we |
| the requisite mental intent. In the latter set of cases, | | | | cannot. |